RFP+25-03.pdf

STATE OF NORTH DAKOTA

Office of the Adjutant General

Directorate of Installations and Environment PO Box 5511

Bismarck, ND 58506

REQUEST FOR PROPOSAL (RFP)

RFP Title: Architect and Engineer Professional Services, Jamestown Readiness Center

SPO Online Solicitation/RFP Number: 25-03

Issued: 9/18/2025

ATTACHMENTS

Attachment 1 – Technical Proposal Evaluation Worksheet

Attachment 2 – Contract (Comprised of AGND Document 400, AGND Document 401, and AGND Document

402M)

Attachment 3 – Standard Form 330

Attachment 4 – Sample Organizational Charts

Attachment 5 – MILCON Submission Checklist (provided for informational purposes to show project benchmarks)

Attachment 6 – Cost Proposal Response Form

SECTION ONE – BACKGROUND AND INSTRUCTIONS

1.1 PURPOSE OF RFP

The State of North Dakota, acting through its Office of the Adjutant General (the STATE) is soliciting proposals to provide architectural/engineering design services and renderings for an Army National Guard Readiness Center in Jamestown, North Dakota.

1.2 PROCUREMENT OFFICER CONTACT INFORMATION

The Procurement Officer is the point of contact for this RFP. Offerors shall direct all communications regarding this RFP to the Procurement Officer. Do not add the Procurement Officer to any marketing distribution lists.

PROCUREMENT OFFICER: Gabriel Hoggarth EMAIL: ghoggarth@nd.gov

PHONE: 701-333-2068

TTY Users call: 7-1-1

1.3 DEFINITIONS

For the purposes of this RFP, the acronyms and defined terms are as follows:

Acronym or Term Name or Definitions AGND Army Guard North Dakota Contractor Entity that has an approved contract with the State of North Dakota Purchasing Agency Office of the Adjutant General OMB Office of Management and Budget CT Central Time Zone OTAG Office of the Adjutant General RFP Request for Proposal A/E Architectural and/or Engineering Solicitation Closing Deadline for receipt of proposals listed in the RFP Schedule SPO Online State Procurement Office Online system

1.4 RFP SCHEDULE

EVENT DATE and TIME

RFP issued 9/18/2025 Deadline for questions 9/26/2025 by 2:00 PM, CT Deadline for receipt of proposals (Solicitation Closing) 10/10/2025 by 2:00 PM, CT Presentations approximately (if required) 10/21/2025 – 10/23/2025 Proposal evaluation completed by approximately 11/1/2025 Notice of Award posted to SPO Online by approximately 11/3/2025 Secretary of State Registration, if determined to be required. Prior to Contract Signing

Contract start approximately 11/12/2025

1.5 ASSISTANCE TO INDIVIDUALS WITH A DISABILITY

Contact the Procurement Officer, as soon as possible, if an individual with a disability needs assistance with the RFP, including any events in the RFP schedule, so reasonable accommodations can be made.

1.6 SECRETARY OF STATE REGISTRATION REQUIREMENTS

The North Dakota Secretary of State has registration requirements for individuals and businesses transacting business in North Dakota. If the successful Offeror is determined to have a registration requirement with the North Dakota Secretary of State, they must be registered prior to contract signing and registration must remain active for the duration of the contract period.

1.7 SPO ONLINE

This RFP and the Notice of Award will be posted on SPO Online. Offerors are responsible for checking this website to obtain all information and documents related to this RFP:

https://apps.nd.gov/csd/spo/services/bidder/main.htm Select “Recent Solicitations”. Recent Solicitations are listed by close date.

1.8 OFFEROR RESPONSIBLE FOR COSTS

Offeror is responsible for all costs associated with the preparation, submittal, and evaluation of any proposal including any travel and per diem associated with demonstrations and presentations.

1.9 TAXES

The STATE is not responsible for and will not pay itemized local, state, or federal taxes. Purchases of tangible personal property made by a state government agency is exempt from sales tax. The state sales tax exemption number is E-2001, and certificates will be furnished upon request by the purchasing agency. The contractor must provide a valid Vendor Tax Identification Number as a provision of the contract.

The purchasing agency will determine if services provided under this contract are Form 1099 reportable. The purchasing agency may require the contractor to submit an IRS Form W-9.

The state tax exemption number should not be used by contractors in the performance of a contract.

A contractor or service provider performing any contract, including service contracts, for the United States Government, State of North Dakota, counties, cities, school districts, park board or any other political subdivisions within North Dakota is not exempt from payment of sales or use tax on materials, tangible personal property, and supplies used or consumed in carrying out contracts. In these cases, the contractor is required to file returns and pay sales and use tax just as required for contracts with private parties. Contact the North Dakota Tax Department at 701-328-1246 or visit their website at https://www.nd.gov/tax/tax-resources/ for more information.

A contractor performing any contract, including a service contract, within North Dakota is also subject to the corporation income tax, individual income tax, and withholding tax reporting requirements, whether the contract is performed by a corporation, partnership, or other business entity, or as an employee of the contractor. In the case of employees performing the services in the state, the contractor is required to withhold state income tax from the employees’ compensation and remit to the state as required by law. Contact the North Dakota Tax Department at 701-328-1248 or visit their website for more information.

1.10 PROPOSAL RECEIPT DEADLINE – LATE PROPOSALS REJECTED

An Offeror is solely responsible for ensuring their proposal is received by the STATE prior to the Solicitation Closing deadline identified in the RFP schedule. Offeror may contact the Procurement Officer to inquire whether their proposal has been received.

1.11 PROPOSAL OPENING

A public opening will not be held.

https://apps.nd.gov/csd/spo/services/bidder/main.htm https://www.nd.gov/tax/tax-resources/

1.12 SUPPLIER REGISTRATION (PAYEE)

The successful Offeror will be required to complete Supplier Registration, if not already registered as a Supplier. Any individual or business who will be receiving payment from a state agency or higher education institution must complete a registration process to collect important financial and taxpayer information. Payments are generally made by check or automatic clearing house (ACH), and taxpayer information must be collected in compliance with IRS requirements. The State and North Dakota University System (NDUS) have separate financial systems and vendor registration processes.

1.13 BUDGET AND CONTRACTOR PAYMENT

The funds for payment of this contract are already identified. Firm will be compensated as per Article 4, Contract Sum, found within Attachment 2 - Contract.

SECTION TWO – SCOPE OF WORK

2.1 SCOPE OF WORK

The OTAG has a need for architectural/engineering design services to provide plans, renderings, and specifications for a readiness center building and the following: unheated enclosed vehicle storage building, backup/emergency generator, military vehicle parking and organizational vehicle parking (paved), located in Jamestown, North Dakota. The readiness center consists of a 43,200 square foot permanent masonry type building with all utilities services, information systems, fire detection and alarm systems. The unheated enclosed vehicle storage building (approx. 29,000 sq ft) will be a permanent cold storage building with associated utilities. Site improvements include paved parking, roads, vehicle wash platform, loading ramp, walks, curbs, gutters, storm drainage, grading and seeding.

The estimated construction cost range for this project is $40 million to $50 million. The estimated start date for design will be November 12, 2025, with completion of conceptual (35%) plans and specifications within 120 calendar days.

Full design and architectural/engineering services are contingent on approved funding. If conceptual plans and funding are approved, the Office of the Adjutant General will enter into an agreement for architectural/engineering design services to provide plans and specifications.

Firms or joint ventures (JV's) responding to this announcement must show capability and satisfactory experience for the following required technical disciplines: architects (must be in-house); and civil (includes surveying), structural, mechanical and electrical engineers. All key and principal architects and engineers must be registered and actively practicing in the State of North Dakota and familiar with the LEED certification process.

In accordance with NDCC 54-44.7-03, Paragraph 5, the agency selection board shall evaluate each Standard Form 330 (qualification packet) based on the following criteria: a) Past Performance. b) The ability of professional personnel. c) Documented history of meeting time and budget requirements. d) Location, with higher priority given to firms headquartered in North Dakota. e) Recent, current, and projected workloads of the persons or firms. f) Related experience on similar projects. g) Recent and current work for the OTAG. Standard Form 330’s (qualification packets) shall illustrate professional qualifications which are necessary for the satisfactory performance of required services; the technical competence of the proposed design team; recent specialized experience of the proposed design team on similar type projects; previous Federal or National Guard design experience, to include specification writing, cost estimating, and building commissioning; LEED certification; ability to provide qualified construction inspection services; the location of the A/E firm; design team organization and the availability of key personnel; capacity to accomplish the work in the required time; past performance on contracts with state and government agencies; the volume of work previously awarded; and insurability of professional services.

Following the initial evaluation of qualifications and performance, firms deemed most suitable for award may be invited to present to the evaluation committee.

Questions will be answered shortly after the 9/26/2025 deadline for questions. Questions should be emailed to the Procurement Officer named in RFP section 1.2. Firms responding to this RFP will be considered for selection provided the required information is received by the deadline for receipt of proposals found in RFP section 1.4.

SECTION THREE – PROPOSAL INSTRUCTIONS

3.1 PROPOSAL PREPARATION – SEPARATE PROPOSALS REQUIRED

The STATE discourages overly lengthy and costly proposals. An Offeror must prepare their proposal using the prescribed proposal format and provide all the requested information; this will enable the proposal to be evaluated fairly and completely. If an Offeror submits more than one proposal, each proposal must be prepared in accordance with these instructions.

Each proposal will include a Technical Proposal and a Cost Proposal prepared in accordance with the RFP. The Technical Proposal and the Cost Proposal must be submitted as separate documents, clearly labeled with the name of the Offeror, and marked “Technical Proposal” and “Cost Proposal.” Costs must not be revealed in the Technical Proposal.

DO NOT submit documents that are embedded into proposal documents or that contain links to documents on an external website.

3.2 PROPOSAL SUBMISSION INSTRUCTIONS

UPLOAD RESPONSE THROUGH THE STATE PROCUREMENT ONLINE SYSTEM (SPO ONLINE):

Offeror must electronically submit proposals through the State Procurement Office Online system (SPO Online) by the Solicitation Closing deadline.

DO NOT WAIT UNTIL THE “LAST MINUTE” TO SUBMIT A RESPONSE. We recommend uploading your response a minimum of 24 hours prior to the Solicitation Closing deadline.

Offeror must begin the electronic submission process well in advance of the Solicitation Closing deadline to allow for transmission and resolution of any technical difficulties. Be advised that the STATE is not responsible for an Offeror’s failure to timely submit a proposal due to any technical difficulties. If you experience any technical difficulties, contact the Procurement Officer or the State Procurement Office at infospo@nd.gov or 701-328-2740.

If documents are in the process of being uploaded when the Solicitation Closing deadline occurs, the upload process will stop. The attempted submission will not be uploaded successfully and is ineligible for consideration. The STATE takes no responsibility for electronic submissions that are captured, blocked, filtered, quarantined, or otherwise prevented from uploading by any anti-virus or other security software.

1. This solicitation is posted on SPO Online at: https://apps.nd.gov/csd/spo/services/bidder/main.htm

2. Select “Recent Solicitations” and find the solicitation. Solicitations are listed by close date.

3. Use “Upload Response” to upload a maximum of five (5) clearly labeled documents before the Solicitation Closing deadline provided in the RFP Schedule.

4. Offeror must upload their Technical Proposal.

5. The maximum file size allowed is 50 MB per file.

6. There is a 50 character file name limitation for the document being uploaded.

7. There is 75 character limit in the TITLE field within SPO Online.

8. All SPO Online field entries must be alphanumeric. Dashes and underscores are allowed; however, the system DOES NOT accept other special characters such as apostrophe, & symbol, quotation marks, etc.

9. DO NOT submit documents that are embedded (zip files), movies, wmp, encrypted, or mp3 files.

10. Offeror will receive an email confirmation from infospo@nd.gov that the upload response was received including the “File Description” for the uploaded files. Review this email to ensure all files were successfully uploaded. If Offeror DOES NOT receive an email confirmation, the upload was mailto:infospo@nd.gov https://apps.nd.gov/csd/spo/services/bidder/main.htm mailto:infospo@nd.gov

NOT successful, and the files will need to be uploaded again. If Offeror does not receive an email confirmation after the reattempt, contact the Procurement Officer or the State Procurement Office at infospo@nd.gov or 701-328-2740.

Visit https://www.omb.nd.gov/sites/www/files/documents/doing-business-with-the-state/procurement/spo-electronic-response-external-job-aid.pdf for the SPO Electronic Response Job Aid which describes how to submit an electronic response.

3.3 PROPOSAL FORMAT

Prepare the Technical Proposal in accordance with these instructions.

Technical Proposal – Format the proposal with the following labeled sections:

Section 1 – Cover Letter Section 2 – Scope of Work Strategy Section 3 – Experience and Qualifications Section 4 – Completed Standard Form 330 Section 5 – Org Chart, Submit in a format like Attachment 4 – Sample Organizational Charts

Cost Proposal – Cost proposals must be prepared as a separate document from the technical proposal, and they must be clearly labeled “Cost Proposal”. Fill out and submit the Cost Proposal Response Form, Attachment 6, as your cost proposal. Be sure to use the Cost Proposal Response Form. Doing so will facilitate a uniform review; it is required that all materials be submitted in the designated format. Failure to use the Cost Proposal Response Form may result in your entire RFP response being deemed non-responsive to the terms of the solicitation and removed from consideration.

3.4 TECHNICAL PROPOSAL

SECTION 1 – COVER LETTER

Proposals shall include a cover letter that includes the following:

1. The name of the Offeror, name of the person to contact regarding the proposal, email address, telephone number, and mailing address.

2. The cover letter must be signed by an individual with authority to bind the Offeror. By signing the cover letter, an Offeror certifies that it complies with:

a. All the requirements, terms, and conditions as set forth in this RFP.

b. All the requirements, terms, and conditions as set forth in Attachment 2 to this RFP, the

Contract.

c. The requirement that the Offeror’s proposal accurately describes the services being offered to the STATE, and the proposal will be held firm for the period specified.

SECTION 2 – SCOPE OF WORK STRATEGY

Offeror must review the requirements and deliverables provided in RFP Section 2, Scope of Work.

1. Strategy for Scope of Work Requirements. The Offeror must provide narrative statements to demonstrate their understanding of the scope of work requirements. Explain the proposed strategy to accomplish the scope of work, meet all requirements, and provide the deliverables described in the scope of work.

2. Location of Work. Jamestown, North Dakota.

mailto:infospo@nd.gov https://www.omb.nd.gov/sites/www/files/documents/doing-business-with-the-state/procurement/spo-electronic-response-external-job-aid.pdf https://www.omb.nd.gov/sites/www/files/documents/doing-business-with-the-state/procurement/spo-electronic-response-external-job-aid.pdf

3. State Furnished Property and Services. Provide a detailed breakdown of the Offeror’s expectations for STATE resources that will be needed for the project, including number of staff, qualifications, roles and responsibilities, and time requirements for the various phases of the project.

4. Risk Management. Offerors must review the State’s insurance provisions found in

Attachment 2 – Contract, and describe measures to be taken to ensure the safety of its employees, state employees, the public, and property. Offerors must also identify any pertinent issues and potential problems related to the project and describe how those potential issues and problems could be mitigated.

5. Project Management Plan. The proposal must describe how the contractor intends to manage the project to ensure the work is accomplished on time and meets quantity and quality standards. Offerors may provide a narrative along with the organizational chart to illustrate the lines of authority and accountability.

SECTION 3 – EXPERIENCE AND QUALIFICATIONS

Experience and Qualifications of the Firm Provide a brief history and describe the organization of the firm. Describe the number of years the Offeror has provided the type of work requested in this RFP. Describe specific experience of their firm in completing similar projects.

Experience and Qualifications of the Project Team Provide a narrative that describes the organization of the proposed project team. Provide information for key project team members, including:

1. Description of anticipated work they will perform;

2. Resume or description of the relevant education, training, experience, skills, and qualifications;

3. Offeror must provide a designated executive level contact that will act as a point of contact for any issues that need escalation or to discuss the needs of the STATE. This point of contact will be required to participate in any requested presentation requested during the RFP process. They will discuss how the contract will be supported and how the Offeror and STATE will work together to ensure a successful outcome;

4. If the Offeror has vacant positions, identify the job description and minimum qualifications for staff members to be recruited;

5. Subcontractors. If an Offeror intends to use subcontractors, the Offeror must identify in the proposal the names of the subcontractors and the portions of the work the subcontractors will perform. Provide a statement that the Offeror will ensure that the subcontractor has or will obtain any required licenses and registrations, including registration with the North Dakota Secretary of State; and

6. Joint Venture. If submitting a proposal as a joint venture, provide narrative statements that describe the roles and responsibilities of each party to the joint vendor. If available, submit a copy of the joint venture agreement that identifies the parties involved and their rights and responsibilities.

References Provide three (3) reference letters from clients, other than AGND, for whom similar work was completed. The reference letter must include the name of a contact person, address, email, and telephone number. The STATE may contact references provided for verification and to obtain additional information. Evaluation may be impacted if the STATE is unable to contact the reference or the reference does not provide the requested information in a timely fashion.

3.5 CONTRACT PROVISIONS

Offeror shall review the STATE’s Contract – Attachment 2.

The proposal must indicate whether the Offeror accepts the terms and conditions in the STATE’s contract.

SECTION FOUR – AWARD AND PROPOSAL EVALUATION

4.1 AWARD

The STATE intends to award a single contract.

4.2 EVALUATION CRITERIA

Proposals will be evaluated using a 100 point scale. The evaluation committee will award points based on the questions in the Technical Proposal Evaluation Worksheet – Attachment 1. The Technical Proposal evaluation score and Cost Proposal evaluation score will be added together to determine the total evaluation score. After the initial evaluation, the evaluation committee may determine which proposals are reasonably susceptible for award and continue the evaluation process with only those Offerors.

The evaluation criteria and relative weight are as follows:

Technical Proposal Evaluation: 80 Points A. Scope of Work Strategy – 40 Points B. Experience and Qualifications – 40 Points

Cost Proposal Evaluation: 20 Points

4.3 CLARIFICATIONS OF PROPOSALS – DISCUSSIONS

To determine if a proposal is reasonably susceptible for award, communications by the Procurement Officer or evaluation committee are permitted with an Offeror to clarify uncertainties or eliminate confusion concerning the contents of a proposal and determine responsiveness to the RFP requirements. Discussions will be limited to the specific section of the RFP or proposal indicated by the STATE. Discussions are generally conducted by telephone or internet-based conference.

In conducting discussions, there may be no disclosure of any information derived from proposals submitted by competing Offerors. Clarifications may not result in material or substantive change to the proposals. Evaluation scores may be adjusted based on consideration of information obtained through discussions.

4.4 PRESENTATIONS

After the initial evaluation, the evaluation committee may determine which proposals are reasonably susceptible for award and continue the evaluation process with only those Offerors. These Offerors may be required to provide a presentation for the evaluation committee.

Location: In-Person, Telephone conference, or internet-based conference, to be scheduled as-needed.

4.5 NOTICE OF AWARD

After the proposals have been evaluated and the successful Offerors selected, a Notice of Award will be promptly issued via SPO Online to all Offerors that submitted proposals.

4.6 CONTRACT APPROVAL

This RFP does not, by itself, obligate the STATE. The STATE's obligation shall commence when the STATE signs the contract. Upon written notice to the contractor, the STATE may set a different starting date for the contract. The STATE shall not be responsible for any work done by the contractor, even work done in good faith, if it occurs prior to the contract start date set by the STATE.

SECTION FIVE – CONTRACT INFORMATION

5.1 NORTH DAKOTA CONTRACTUAL REQUIREMENTS – BACKGROUND

As a public institution and government entity of the State of North Dakota (the STATE), there are a number of statutes, rules, and policies (Requirements) that may restrict or prevent the STATE from entering into certain types of contracts or certain contractual terms and conditions, some of these Requirements are non-negotiable.

While these Requirements occasionally make the process of negotiating a contract with the STATE more challenging than negotiating with a private industry business, these are not unique to any one agency of the State of North Dakota. These Requirements apply to all public institutions and government entities of the State of North Dakota. Although some are unique to North Dakota, the majority of these Requirements are common to public institutions and government entities throughout the United States.

5.2 STATE CONTRACT TERMS AND CONDITIONS – OFFEROR’S PROPOSED CHANGES

The STATE intends to execute a contract substantially similar to the Contract, Attachment 2 of this RFP.

The Offeror will be required to sign a contract substantially similar to the contract and must comply with the terms and conditions. The STATE may deem any failure to object to a contract provision as the Offeror’s acceptance of that provision.

Part or all of this RFP and Offeror’s proposal may be incorporated into the attached contract. The STATE may deem any failure to object to a contract provision as the Offeror’s acceptance of that provision.

5.3 CONTRACT PROVISIONS

A. Contract Type.

The contract type will be as follows:

Fixed Price – as per Cost Proposal Response Form, Attachment 6. Entered amounts to be included in the final contract.

B. Inspection & Modification

The contractor is responsible for the completion of all work set out in the contract. All work is subject to inspection, evaluation, and approval by the STATE. The STATE may employ all reasonable means to ensure that the work is progressing and being performed in compliance with the contract.

Should the STATE determine that corrections or modifications are necessary to accomplish its intent, the STATE may direct the contractor to make changes. The contractor will not unreasonably withhold changes.

Substantial failure of the contractor to perform the contract may cause the STATE to terminate the contract. In this event, the STATE may require the contractor to reimburse monies paid (based on the identified portion of unacceptable work received) and may seek associated damages.

C. Contract Changes – Unanticipated Amendments During the course of the contract entered as a result of this solicitation, the contractor may be required to perform additional work due to a legitimate unforeseen circumstance. That work will be within the general scope of the initial contract. When additional work is required, the STATE shall provide the contractor with a written description of the additional work and request that the contractor submit proposal for accomplishing the scope of work. Contractor will not commence additional work until all parties agree in writing.

5.4 CONTRACTUAL TERMS AND CONDITIONS – NO MATERIAL CHANGES

A. Indemnification and Insurance N.D.C.C. § 32-12.2-17 requires that the OMB establish guidelines for indemnification and insurance provisions in state contracts. The indemnification and insurance requirements contained in the attached contract are pursuant to those guidelines. The STATE shall not be deemed to have accepted any alteration of these provisions without prior written approval to Offeror from the STATE acting in consultation with the North Dakota Risk Management Division.

B. Indemnification Indemnification is a contractual clause by which one party to a contract asks the other party to defend it against any claims of third parties who might be injured as a result of something that occurs while the parties are performing their duties and obligations under the contract. Without specific authority to do so, the STATE agencies cannot enter into agreements indemnifying contractors, or any other entity, against third party claims.

Any clause that has the intent of seeking indemnification from the STATE, whether the clause contains the words “indemnity” or “indemnify,” are not clauses to which the STATE may agree.

The STATE will also not agree to clauses to indemnify a contractor “to the extent permitted by law”. This is because the STATE knows that the extent to which the law permits it to indemnify contractors is no extent whatsoever, and as a result would be disingenuous for the STATE to imply in a contract that there might be some set of circumstances under which the STATE would defend the contractor against a third party claim(s). Simply put, the STATE is not going to agree to something it knows it cannot do. In this circumstance an “extent” clause is merely an invitation to litigate the matter in the event a third party claim(s) arises, and the STATE does not enter into agreements that invite litigation. Do not ask the STATE to indemnify you against third party claims because it is a contractual obligation to which the STATE cannot agree.

While the STATE may limit the liability of a contractor in claims between the STATE and the contractor, the STATE does not have authority to limit a contractor’s liability for claims brought by a third party. In the event a contract contains a limitation of liability clause, the contract’s Indemnification clause and obligation of the contractor cannot be subject to that limitation of liability clause. See 5.4(D) for Limitation of Liability.

C. Insurance Upon receipt of the notice of intent to award, the successful Offeror must obtain the required insurance coverage and provide the Procurement Officer with proof of coverage prior to contract approval. The coverage must be satisfactory to the STATE, in consultation with the North Dakota Risk Management Division. The successful Offeror’s failure to provide evidence of insurance coverage is a material breach and grounds for withdrawal of the award or termination of the contract.

D. Limitation of Liability The STATE may negotiate Limitation of Liability pursuant to N.D.C.C. § 32-12.2-15 “Contracts limiting liability to the STATE”.

Notwithstanding any provision in N.D.C.C. ch. 32-12.2 to the contrary, an agency may agree to limit the liability of a contractor to the STATE if:

1. the agency determines such services or products cannot be effectively obtained without such limitation; and

2. the limitation does not pose any significant risk of loss to the STATE; and

3. the limitation is in the best interests of the STATE.

http://www.legis.nd.gov/cencode/t32c12-2.pdf https://www.ndlegis.gov/cencode/t32c12-2.pdf

The agency, in consultation with OMB and the Attorney General's Office, shall prepare written documentation before agreeing to any liability limitation.

An agency's authority to agree to a limitation of liability is limited to contracts for the purchase or lease of, or services related to, software, communication, electronic equipment, and economic forecasting.

1. An agency may limit its ability to recover indirect consequential damages.

2. If the extent of potential direct loss is unknown, an agency may agree to limit direct damages to a reasonably estimated amount commensurate with the foreseeable risk of loss to the STATE. The amount must be equal to twice the total value of the contract unless all parties to the contract agree to an alternative amount. Any agreed upon amount that is less than twice the value of the contract must be approved by the director of OMB. The liquidated damages and retainage provisions for delay, missed deadlines, and other breaches are not subject to a general limitation on direct or indirect damages authorized under N.D.C.C. § 32- 12.2-15.

3. A contract under N.D.C.C. § 32-12.2-15 may not limit any loss to the STATE resulting from fraud or other intentional or willful misconduct, breach of confidentiality obligations, or loss resulting from tangible property damage or personal injury.

E. Waivers of Jurisdiction and Venue; Alternative Dispute Resolution The North Dakota Attorney General is the STATE’s attorney for all purposes, including management of litigation and claims against the STATE. The STATE may not usurp the Attorney General’s authority by agreeing in advance to control the way litigation may be managed in the event of a dispute. The STATE cannot, without specific authority, agree to the jurisdiction or the laws of another state or federal courts, nor can it contractually agree to participate in any form of alternative dispute resolution.

Although the STATE cannot contractually agree to such terms, this does not mean that in the event of a dispute, the STATE would not agree to participate in alternative dispute resolution. It simply means that this is a decision that must be made by the Attorney General and is a decision that is made at the time a dispute arises.

F. Confidentiality All state agencies of North Dakota are subject to North Dakota public records laws. The STATE cannot agree to contractual terms that attempt to prevent it from having to disclose records that are declared public records under applicable statutes. Although some confidentiality and exemptions are allowed under the public records laws, the STATE may not agree to more restrictive obligations concerning its records. Under North Dakota public records laws, contracts are records that are open to the public and may be reviewed at the request of the public.

G. Unliquidated Expenses (i.e., attorney’s fees, add-ons, cost increases) Because the STATE may only obligate those funds that have been appropriated to it by the Legislative Assembly and may only obligate those funds for the purposes for which the funds were appropriated, the STATE may not agree to clauses which may obligate it to pay for claims that might exceed its current funding appropriation. Certainly, this is one of numerous reasons why the STATE cannot indemnify a contractor against third party claims, but it may also be said for clauses that purport to obligate the STATE to pay a contractor’s attorneys’ fees, unknown cost increases during the life of the contract, add-ons that were not contemplated or priced in the contract.

5.5 SCOPE OF WORK

The Scope of Work agreed upon by the parties will be incorporated into the attached contract.

https://www.ndlegis.gov/cencode/t32c12-2.pdf

5.6 CONTRACT TERM

The contract term will be set forth in the contract, including any options for extension, renewal, and renegotiation.

5.7 RIGHT TO INSPECT PLACE OF BUSINESS

At reasonable times, the STATE may inspect those areas of the contractor's place of business that are related to the performance of a contract. If the STATE performs an inspection, the contractor must provide reasonable assistance.

Attachment 1 – Technical Proposal Evaluation Worksheet

Offeror Name: _______________________________________________________________

RFP Title: Architect and Engineer Professional Services, Jamestown Readiness Center

RFP Number: 25-03

Evaluator Names: ____________________________________________________________

THE TOTAL NUMBER OF POINTS USED TO SCORE THIS PROPOSAL IS 100 (80 Points to Technical Proposal Evaluation, 20 Points to Cost Response)

SCOPE OF WORK STRATEGY RATING SCALE (40 Point Maximum)

Point Value Explanation

0-7 None. Not addressed or response of no value

8-15 Fair. Limited applicability

16-23 Good. Some applicability

24-31 Very Good. Substantial applicability

32-40 Excellent. Total applicability

IMPORTANT. Proposals will be evaluated against the questions set out below. Do not assign points to individual questions, instead, award a total score for each evaluation criterion. Evaluators must provide comments to support scoring.

How well has the Offeror followed the proposal preparation instructions? Does the proposal contain all the requested information?

EVALUATOR NOTES

How well does the firm’s Standard Form 330 submission speak to their understanding, experience, and qualifications for the project?

How well has the Offeror described their strategy for accomplishing the scope of work requirements? What are the strengths of the proposed strategy?

Are there aspects of concern within the proposed Scope of Work strategy?

How well has offeror described any expectations for State resources?

How well has the offeror addressed risk management? Did they identify any potential risks, issues, or problems?

Has the offeror described their project management to accomplish the work on time and to meet quantity and quality standards?

INITIAL EVALUATION SCORE FOR SCOPE OF WORK STRATEGY: __________

Additional/overall comments related to the offeror’s proposed strategy for accomplishing the work.

EXPERIENCE AND QUALIFICATIONS RATING SCALE (40 Point Maximum)

Point Value Explanation

0-7 None. Not addressed or response of no value

8-15 Fair. Limited applicability

16-23 Good. Some applicability

24-31 Very Good. Substantial applicability

32-40 Excellent. Total applicability

IMPORTANT. Proposals will be evaluated against the questions set out below. Do not assign points to individual questions, instead, award a total score for each evaluation criterion. Comments to support scoring are required and will be helpful when performing offeror evaluation debriefs after award.

MINIMUM EXPERIENCE OR QUALIFICATIONS

If the RFP required a minimum amount of experience or qualifications, has the offeror provided information to demonstrate meeting these requirements? Does the offeror exceed the minimum experience or qualifications?

EXPERIENCE AND QUALIFICATIONS OF THE FIRM

Has the offeror provided historical information to demonstrate the firm is well established in this field?

How extensive is the firm’s experience in this type of work? How well does the information about similar projects demonstrate the firm’s experience work related to this RFP?

EXPERIENCE AND QUALIFICATIONS OF THE PROJECT TEAM

Has the offeror provided information about the organization of the project team and proposed work project team members will perform? Does the proposed project team and work breakdown seem appropriate based on the experience of the project team members on similar projects to accomplish the requirements of the RFP?

Do resumes, or descriptions of the relevant education, demonstrate education and experience that would be desirable for individuals engaged in the work the RFP requires? How extensive is their experience?

If a subcontractor will perform work on the project or joint venture is proposed, has the offeror provided the requested information? How extensive is the experience and qualifications of the subcontractor or other party of the joint venture?

REFERENCE CHECK/REFERENCE LETTER RESULTS AND PAST PERFORMANCE

Did the references provide information to verify the satisfactory performance of the vendor?

Did references identify any areas of concern?

If the offeror has a work history with the OTAG, how well did their performance meet the project requirements as it pertains to design, construction, and project closeout?

INITIAL EVALUATION SCORE FOR EXPERIENCE AND QUALIFICATIONS: __________

Additional/overall comments related to the offeror’s experience and qualifications.

AGND DOCUMENT 400 • STANDARD FORM OF AGREEMENT BETWEEN OWNER AND ARCHITECT/ENGINEER • SEPTEMBER 2025 EDITION

OFFICE OF THE ADJUTANT GENERAL, PO BOX 5511, BISMARCK, ND 58506-5511

N O R T H D A K O T A N A T I O N A L G U A R D

AGND DOCUMENT 400

STANDARD FORM OF AGREEMENT

BETWEEN

OWNER AND ARCHITECT/ENGINEER

THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN

ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION.

AGREEMENT NO: AGNDXX-XX

made as of the DATE day of MONTH in the year 2025.

Between the Owner: THE OFFICE OF THE ADJUTANT GENERAL State of North Dakota PO Box 5511 Bismarck, North Dakota 58506-5511 and the Architect/Engineer: ARCHITECT/ENGINEER NAME

ADDRESS

CITY, STATE, ZIP

The Project: READINESS CENTER North Dakota National Guard Jamestown, North Dakota

WHEREAS: the accomplishment of the hereinafter described work and services is authorized by law; and

WHEREAS: the Owner desires to engage the Architect/Engineer to render professional services for the Project in accordance with the Terms and Conditions of this Agreement;

NOW THEREFORE the parties hereto do mutually agree as follows:

Attachment 2 - Contract

AGREEMENT NO: AGNDXX-XX

ARCHITECT/ENGINEER: Architect/Engineer Name

AGND DOCUMENT 400 • STANDARD FORM OF AGREEMENT BETWEEN OWNER AND ARCHITECT/ENGINEER • SEPTEMBER 2025 EDITION 2

TERMS AND CONDITIONS OF AGREEMENT

BETWEEN OWNER AND

ARCHITECT/ENGINEER

ARTICLE 1

THE CONTRACT DOCUMENTS

The Contract Documents consist of Request for Proposal number 25-03 dated September 18, 2025, this Standard Form of Agreement (AGND Document 400), Statement of Architect/Engineer Services (AGND Document 401), the Conditions of the Agreement for Architect/Engineer Services (AGND Document 402M), and all Supplemental Authorizations and Modifications issued after execution of this Agreement. Taken together, these documents form the entire agreement between the parties. An enumeration of the Contract Documents appears in Article 6.

ARTICLE 2

DESCRIPTION OF PROJECT

The Architect/Engineer shall perform all the services required under this Agreement for the project generally described as follows:

Furnish architect/engineer services for JAMESTOWN READINESS CENTER, Jamestown, North Dakota. The project consists of a readiness center building and the following: unheated enclosed vehicle storage building, backup/emergency generator, military vehicle parking and organizational vehicle parking (paved), located in Jamestown, North Dakota. The readiness center work consists of a 43,200 square foot permanent masonry type building with all utilities services, information systems, fire detection and alarm systems. The unheated enclosed vehicle storage building (approx. 29,000 sq ft) will be a permanent cold storage building with associated utilities. Site improvements include paved parking, roads, vehicle wash platform, loading ramp, walks, curbs, gutters, storm drainage, grading and seeding. Furnish LEED and Commissioning Services.

The estimated maximum cost for the construction of this project is $47,891,000. The STATE is not authorized to exceed this amount.

The estimated start date for conceptual design will be November 12, 2025. Within 120 calendar days, conceptual (35%) plans, renderings, and a cost estimate for the construction project must be completed. Full design and architectural/engineering services are contingent on approved funding. If conceptual plans and funding are approved, the Office of the Adjutant General will provide notice to the architect/engineer to provide plans and specifications.

AGND DOCUMENT 400 • STANDARD FORM OF AGREEMENT BETWEEN OWNER AND ARCHITECT/ENGINEER • SEPTEMBER 2025 EDITION 3

ARTICLE 3

TYPES AND PERIODS OF SERVICES

The Architect/Engineer shall complete the following services, more specifically described in the Statement of Architect/Engineer Services, according to the following schedule:

TITLE I SERVICES

Type A and B (Phase I): To be completed within One Hundred and Twenty (120) calendar days after receipt of authorization. This will include furnishing a rendering to the Owner. Legal survey with platting and recording will be an optional service upon approval of the Owner.

Type B (Phase II If conceptual plans and funding are approved, to be completed within Three Hundred and and Phase III) Sixty (360) days after receipt of written authorization. This will include Title I LEED design services, Enhanced Commissioning services, and permit/code reviews.

Type B (Phase IV): If conceptual/preliminary plans and funding are approved, initiate said services immediately upon receipt of a written authorization and continue for the duration of the bidding phase.

Prepare and furnish up to twenty (20) copies of the final specifications and final construction drawings for bidding purposes, along with original drawings, specifications and CAD disks.

TITLE II SERVICES

If the project is awarded for construction, the STATE, via written order, at its option, may direct the Architectural/Engineering firm to perform the Title II Services. Upon receipt of such direction, the Architect/Engineer shall proceed with such work and services for the duration of the construction of the project.

AGND DOCUMENT 400 • STANDARD FORM OF AGREEMENT BETWEEN OWNER AND ARCHITECT/ENGINEER • SEPTEMBER 2025 EDITION 4

ARTICLE 4

CONTRACT SUM

The OWNER shall pay the Architect/Engineer the following sum or sums, which shall constitute complete payment for all services required to be performed under this Contract and certain expenses incurred except as otherwise expressly provided herein. Title I document reproduction services for final drawings and specifications, Title I Enhanced Commissioning, Title I Permit/Code Review fees, and legal survey with platting and recording are additional reimbursable costs, but no other services shall be considered reimbursable. Travel expenses must be included in the fee and are not reimbursable as a separate line item. Title I LEED and Architectural Rendering services shall be included as part of the Title I Services fee proposal.

PAYMENT:

TITLE I TYPE A AND B (PHASE I) SERVICES

In consideration of the performance by the Architect/Engineer of the Title I Services described in Article 3 of this document and described in AGND Document 401 (Statement of Architect/Engineer Services), the STATE shall pay Compensation for Title I, Type A and B (Phase I) Conceptual Design services based on a lump sum fee of $___.

Architectural Rendering services shall be included in this fee. Legal survey with platting and recording shall be an additional reimbursable cost and will be paid upon approval of the Owner.

TITLE I TYPE B (PHASE II, III, AND IV) SERVICES (If conceptual/preliminary plans and funding are approved.)

The remaining 65% of the final design falls within Title I, Type B (Phase II, III, and IV) services. In consideration of the performance of Title I Services described in AGND Document 401 (Statement of Architect/Engineer Services) and in Article 3 of this document, the STATE shall pay __% in accordance with the ARCHITECT’s fee proposal. The actual dollar fee is $_________. The dollar fee was calculated by multiplying the $47,891,000 (maximum cost of construction) by _____%. Title I fees will not be adjusted after the construction award amount is known. LEED services shall be included in this fee. Title I Enhanced Commissioning, Permit/Code Review fees, and document reproduction services for final drawings and specifications shall be an additional reimbursable cost and will be paid upon approval of the Owner.

TITLE II SERVICES (If project is awarded for construction and funding is approved.)

In consideration of the performance by the Architect/Engineer of the Title II Services described in Article 3 of this document and in AGND Document 401 (Statement of Architect/Engineer Services), the STATE shall pay 3% of the construction award amount. The STATE shall not retroactively recalculate the fee for TITLE I services based on the construction award amount.

PAYMENTS BY:

STATE OF NORTH DAKOTA, Bismarck, North Dakota

AGND DOCUMENT 400 • STANDARD FORM OF AGREEMENT BETWEEN OWNER AND ARCHITECT/ENGINEER • SEPTEMBER 2025 EDITION 5

ARTICLE 5

PROGRESS AND FINAL PAYMENTS

Based upon applications for payment submitted to the OWNER by the Architect/Engineer, the OWNER shall make progress payments on account of the Contract Sum to the Architect/Engineer as provided in the Contract Documents.

Final payment constituting the entire unpaid balance of the Contract Sum, shall be paid by the OWNER to the Architect/Engineer when all services have been completed, the Contract fully performed, and a final Certificate for Payment has been issued by the OWNER.

Architect/Engineer shall submit a monthly estimate for payment to the OWNER electronically on AIA Documents G702 and G703. AIA Documents shall be furnished by the OWNER. Once approved, Architect/Engineer shall mail one signed and notarized original to the OWNER for payment. OWNER requires forty-five (45) days AFTER receipt of request for processing of payment.

ARTICLE 6

MISCELLANEOUS PROVISIONS

MERGER AND MODIFICATION, CONFLICT IN DOCUMENTS:

This Agreement, including the following documents, constitutes the entire agreement between the Owner and the Architect/Engineer. There are no understandings, agreements, or representations, oral or written, not specified within this Agreement. This Agreement may not be modified, supplemented or amended, in any manner, except by written agreement signed by both Parties.

Notwithstanding anything herein to the contrary, in the event of any inconsistency or conflict among the documents making up this Agreement, the documents must control in this order of precedence:

1.1 The terms of this Agreement, compromised of AGND 400, AGND 401, and AGND 402M, as may be amended;

1.2 Owner’s Request for Proposal (“RFP”) number 25-03;

1.3 Architect/Engineer’s proposal response to RFP number 25-03.

MODIFICATIONS TO AGND 402M:

Paragraph 4.2: ADD THE FOLLOWING SUBPARAGRAPH:

4.2.2 If required, firms specifically identified as per above subparagraph 4.2.1 are as follows:

.1 Architect - Name of Architect Firm

.2 Civil Engineer - Name of Engineering Firm .3 Structural Engineer - Name of Engineering Firm .4 Mechanical Engineer - Name of Engineering Firm .5 Electrical Engineer - Name of Engineering Firm

IN WITNESS WHEREOF, the Parties hereto have entered into this Agreement as of the day and year first written above.

OWNER: ARCHITECT/ENGINEER:

THE OFFICE OF THE ADJUTANT GENERAL A/E NAME

State of North Dakota

AGND DOCUMENT 400 • STANDARD FORM OF AGREEMENT BETWEEN OWNER AND ARCHITECT/ENGINEER • SEPTEMBER 2025 EDITION 6

BY JACKIE A. HUBER BY NAME

Brigadier General, NDNG Title Deputy Adjutant General Contracting Officer

AGND DOCUMENT 401 • STATEMENT OF ARCHITECT/ENGINEER SERVICES • APRIL 2025 EDITION

AGND DOCUMENT 401

STATEMENT

OF

ARCHITECT/ENGINEER SERVICES

USE ONLY WITH AGND DOCUMENT 400, STANDARD FORM OF AGREEMENT

BETWEEN OWNER & ARCHITECT/ENGINEER

TABLE OF ARTICLES

1. TITLE I SERVICES

2. TITLE II (TYPE C) SERVICES

AGND DOCUMENT 401 • STATEMENT OF ARCHITECT/ENGINEER SERVICES • APRIL 2025 EDITION 2

STATEMENT OF ARCHITECT/ENGINEER SERVICES

THE ARCHITECT/ENGINEER SHALL PERFORM THE FOLLOWING SERVICES AS DESIGNATED IN ARTICLE 3

OF THE AGREEMENT.

TITLE I SERVICES

1.1 GENERAL

1.1.1 The design of architectural, structural, mechanical, electrical, civil, and other engineering features of the work shall be accomplished by or reviewed and approved by an architect or engineer registered to practice in the particular professional field involved.

1.1.2 The…